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  #701  
Old 07.05.2019, 12:46
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Re: Serious Speeding - the law, the fines.

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Ok, so if I understand this correctly, I have not shown a "complete disregard" for the speed limit. That's a relief!
Your traffic offence has nothing to do with Switzerland. As previously stated, you will be charged a fee by the Swiss, but won't receive further punishment from Switzerland. However, I understand that as the French have suspended your licence, you no longer have a licence to drive anywhere until they give it back -- but I'm happy to be corrected on that last part.
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  #702  
Old 08.05.2019, 17:02
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Re: Serious Speeding - the law, the fines.

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Your traffic offence has nothing to do with Switzerland. As previously stated, you will be charged a fee by the Swiss, but won't receive further punishment from Switzerland. However, I understand that as the French have suspended your licence, you no longer have a licence to drive anywhere until they give it back -- but I'm happy to be corrected on that last part.
Road traffic law §16c (no English version available):

Withdrawal of driving licence after an offence abroad

1 After a violation abroad, the learning driving licence or driving licence will be withdrawn if:
a. a driving ban has been imposed abroad; and
b. the infringement is of medium or serious nature in accordance with Articles 16b and 16c.
2 When determining the withdrawal period, the effects of the foreign driving ban on the person concerned shall be adequately taken into account. The withdrawal period may be shorter than the minimum withdrawal period. In the case of persons for whom no data on administrative measures (Art. 89c letter d) are contained in the Traffic Licensing Information System, the withdrawal period may not exceed the duration of the driving ban imposed abroad.
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  #703  
Old 08.05.2019, 20:16
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Re: Serious Speeding - the law, the fines.

"In the case of persons for whom no data on administrative measures (Art. 89c letter d) are contained in the Traffic Licensing Information System"


What does that mean? No previous recorded bans in CH?
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  #704  
Old 08.05.2019, 21:57
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Re: Serious Speeding - the law, the fines.

Quick update after speaking to a lawyer. I should definitely expect to lose my license in Switzerland. Likely for the same length, possibly less. But not less than 3 months. He confirmed that Swiss will not fine me. They will charge me a 200-300chf admin fee, but this is apparently covered by my legal insurance. Very relieved!
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  #705  
Old 09.05.2019, 09:37
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Re: Serious Speeding - the law, the fines.

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"In the case of persons for whom no data on administrative measures (Art. 89c letter d) are contained in the Traffic Licensing Information System"


What does that mean? No previous recorded bans in CH?
Yes, that is what my lawyer confirmed. If I have no previous bans, then the Swiss cannot ban me longer than the French. "normal" speeding tickets resulting in fines don't count against you.
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  #706  
Old 09.05.2019, 09:41
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Re: Serious Speeding - the law, the fines.

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"In the case of persons for whom no data on administrative measures (Art. 89c letter d) are contained in the Traffic Licensing Information System"

What does that mean? No previous recorded bans in CH?
No bans and also no warnings from the Swiss license authority.
Simple fines do not count. They are anonymous and not recorded.
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  #707  
Old 09.05.2019, 21:48
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Re: Serious Speeding - the law, the fines.

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"In the case of persons for whom no data on administrative measures (Art. 89c letter d) are contained in the Traffic Licensing Information System"


What does that mean? No previous recorded bans in CH?
Administrative measures are supposedly(*) purged five or ten years after the most recent measure.

Admonishments for example are to be considered for five years. So if you were admonished every four years, all of them would be visible and taken into consideration. If however you received one every six years, at worst one admonishemt would be considered.

OTOH temporary license suspensions are considered for ten years.

(*) "Supposedly" because multiple instances have come to light where police records weren't actually deleted as legally mandated but rather, old data were merely marked as old or similar.
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  #708  
Old 13.11.2019, 19:10
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Re: Serious Speeding - New law, new fines.

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Cannot stress enough - I am joking. Most of camera equipment is supervised permanently by security cameras mounted high(er) and farther away.
Every time I see people planning/talking about destroying speed cameras I think why? They will just repair them and charge the relevant tax payer.

I'm personally tempted to order a nice sheet of smiley acid face stickers which happen to be the same size as the speed camera lense.

Alternatively, a large black bin bag placed over the camera with some tape securing the bag at the bottom is a viable alternative.
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Old 22.11.2019, 17:24
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Re: Serious Speeding - the law, the fines.

Hi All,

After living for 4 years and maintaining a clean traffic record sheet I finally hit the jackpot today.

Exiting the highway ending up on a 60km/h lane (next to the highway not “within constructions lane”) I was a bit lost in mind to nice the signs and my speed, ending up on a nice (mobile) camera shoot whilst driving around 85.

Predicting the consequences, I was wondering:

-If the margin of error of the cameras is always deducted from the measured speed
-will the fact that i have a clean record positively impact my case?
-If beyond the standard fine (guess it will be a bit of a coin flip given the above) - what is the expected fine/nr of “daily fines” if being summoned?

Having looked around here I found the general info but not the specific/up to date info relevant to my case.

Cheers and good weekend to all!
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  #710  
Old 22.11.2019, 17:30
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Re: Serious Speeding - the law, the fines.

1) -If the margin of error of the cameras is always deducted from the measured speed
2) -will the fact that i have a clean record positively impact my case?
3) -If beyond the standard fine (guess it will be a bit of a coin flip given the above) - what is the expected fine/nr of “daily fines” if being summoned?


1) Yes and it's a margin from your speed that is deducted as speedo's are rarely accurate, camera's usually are
2) It won't harm you case but i guess you're still looking at a chinky fine and between 1-3 months walking
3) Heads or tails
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  #711  
Old 22.11.2019, 18:53
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Re: Serious Speeding - the law, the fines.

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Hi All,

After living for 4 years and maintaining a clean traffic record sheet I finally hit the jackpot today.

Exiting the highway ending up on a 60km/h lane (next to the highway not “within constructions lane”) I was a bit lost in mind to nice the signs and my speed, ending up on a nice (mobile) camera shoot whilst driving around 85.

Predicting the consequences, I was wondering:

-If the margin of error of the cameras is always deducted from the measured speed
-will the fact that i have a clean record positively impact my case?
-If beyond the standard fine (guess it will be a bit of a coin flip given the above) - what is the expected fine/nr of “daily fines” if being summoned?

Having looked around here I found the general info but not the specific/up to date info relevant to my case.

Cheers and good weekend to all!
https://www.ch.ch/en/driving-over-speed-limit/
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  #712  
Old 22.11.2019, 19:13
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Re: Serious Speeding - the law, the fines.

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- what is the expected fine/nr of “daily fines” if being summoned?
If you are lucky, your speedometer over reads considerably, measurement tolerance is all in your favor, it was a radar device, it is outside urban areas you might just be within the price list range: CHF 240 and no further consequences. Pay it and case is closed.

If you are unlucky, inside city limits, your speedometer is super accurate, and the measurement uncertainty of the camera is not in your favor (billed speed == true speed): A monetary penalty of 20 day wages, criminal record, and a minimum license ban of three months. See first post of the thread, it is still up to date and fully relevant. https://www.englishforum.ch/transpor...law-fines.html

Wait, see, report. We love such stories.

PS: Extra, increased tolerances for a "mobile" cameras means that the camera was moving at time of measurement, like it was in a chopper, aeroplane, or moving car. This is very rare.
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Old 22.11.2019, 22:13
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Re: Serious Speeding - the law, the fines.

I got my first speeding fine in Switzerland last week, almost 8 years after getting my license

It was also in a 60 zone out of town, randomly what would normally be an 80 zone was apparently sixty. Thankfully the person ahead of me got flashed first so I had slowed down a bit. I got a 40 franc fine for being 2 km/h over after they subtracted 3 km/h tolerance.
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Old 12.12.2019, 16:13
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Re: Serious Speeding - the law, the fines.

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I got my first speeding fine in Switzerland last week, almost 8 years after getting my license

It was also in a 60 zone out of town, randomly what would normally be an 80 zone was apparently sixty. Thankfully the person ahead of me got flashed first so I had slowed down a bit. I got a 40 franc fine for being 2 km/h over after they subtracted 3 km/h tolerance.
Must try harder you hardly qualify for this thread

When you start having to budget for speeding fines come back!
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Old 20.01.2020, 16:41
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Re: Serious Speeding - the law, the fines.

I rented a car in Switzerland that a colleague drove.


Months later, I got a letter in the mail (I am in the US) stating that they (given the date/time I know it wasn't me) got clocked 37km/h over in a 100km/h zone. From what I've read, this appears to be a pretty serious problem in Switzerland.



Since I rented the car I got the notice forwarded to me, in French, outlining the offense and asking for the accountable driver. I gave it to them to deal with. Recently I discovered they simply are ignoring it.



I haven't received any further letters but I am not naive enough to believe they will simply ignore me. I will need to return to Switzerland this year and it sounds like if I enter the country, at least through passport control, they will detain me. I have a second copy of the letter I was sent - should I fill it out with the parties name/address and send it in? I can't sign for them but at the same time I was definitely not the one driving and I really don't want to be caught up in this. What options/exposure do I have?


Also do the cameras actually take photos of the driver? I know for certain it wasn't me as I didn't drive the car the entire day of the offense but I don't know how to prove that.
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  #716  
Old 21.01.2020, 16:06
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Re: Serious Speeding - the law, the fines.

What I would do to manage this is write back in English telling them you don't understand it and send an English version

I would also then send the next reply with the details of your driver.

Ignoring them will potentially be annoying if you want to enter Switzerland again. And they will write to you again, I am sure.....
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Old 21.01.2020, 16:18
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Re: Serious Speeding - the law, the fines.

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I have a second copy of the letter I was sent - should I fill it out with the parties name/address and send it in?
Unless the other driver is a close relative against which you do not have to and do not wish to testify I would do so. But first, make an other copy of it, so you can keep one in your file. Send it using registered post.

Btw: Most of the cameras take a picture from the front. Which means the driver could be visible, but more importantly identifiable. Good if the other driver is disgustingly different from you or if you can be identified as the passenger riding shotgun.
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Old 21.01.2020, 16:39
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Re: Serious Speeding - the law, the fines.

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What I would do to manage this is write back in English telling them you don't understand it and send an English version
Thanks, I will do this, although I did manage to translate it well enough.


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Btw: Most of the cameras take a picture from the front. Which means the driver could be visible, but more importantly identifiable. Good if the other driver is disgustingly different from you or if you can be identified as the passenger riding shotgun.

They are not close to me and look sufficiently different that I think even a bad photo would be enough to determine I wasn't the driver.



One of my big concerns right now is if I have to go back in the next month or two would I get stopped at the border? Right now I've just got these two letters outlining the offense and asking for details of the responsible party, which any photo would clearly show isn't me. I don't have word of a court summons or anything like that, though it's been several months since this started.


I've read horror stories of speeding offenders going back a few years later, getting detained at passport control, and having to pay a huge bail + stay in the country awaiting court over things like this, but I don't even know that we're at that point yet. From what I gather in this thread +37km/h in a 100 (adjusted) is potentially pretty serious.
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Old 21.01.2020, 18:05
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Re: Serious Speeding - the law, the fines.

The "Sorry I do not speak French, can you send it again and explain it to me in English please?" is a nice delaying tactic and your good right but not very helpful with your problem. Statute of limitation is three years or more. Be sure that they can easily find a translator if they intend to question you at the border. But it might take some time until the translator is free

You might lose an hour or two until all is so sorted out if they question you. They must have reasonable belief that you were the driver and guilty of any wrongdoing before it goes to court. Simply riding shotgun while speeding is not a crime or punishable otherwise.

You will be most likely first questioned as a "persons providing information". See Art. 178 Criminal Code https://www.admin.ch/opc/en/classifi...ndex.html#a178 Which is defined, amongst others, as "a person who is not an accused but who cannot be excluded as the perpetrator of or as a participant in the offence under investigation or another related offence."

In general persons providing information can remain silent*. At any time they may become the accused, a witness, the victim, or simply remain a persons providing information. The accused can also remain silent and does not have to answer any question. A witness must testify unless they would incriminate themselves or close relatives.

*) Unless the persons providing information is also a plaintiff/complainant in the case.
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Old 07.02.2020, 12:51
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Re: Serious Speeding - the law, the fines.

Just enter the Shenghen area from another Country and then come to Switzerland
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